November 06, 2014

AT&T data 'throttling' results in lawsuit

Dylan Tastet
Staff Writer


The Federal Trade Commission (FTC) has filed a lawsuit against AT&T for slowing down its data speeds for unlimited customers after they use a certain amount of data per month, a practice called “throttling.” The FTC claims that AT&T failed to accurately disclose that its customers would have their data access restricted. AT&T claims that it has done nothing wrong because it no longer offers unlimited plans for new customers, and it notified its existing customers that they would have their data slowed beforehand.
The lawsuit seeks financial damages that would be repaid to AT&T customers who have become victims of the company’s throttling policy.

According to the FTC, AT&T has been throttling its data customers since 2011. In some instances, customers had their data speeds slowed by 80 to 90 percent after they used as little as two gigabytes of data. To put this in perspective, streaming one hour of Netflix consumes two gigabytes of data. The slower data speeds are said to predate the smartphone era, making many modern mobile applications difficult or impossible to use.

Victims of the throttling policy have accused AT&T of using “bait and switch” tactics. They say that AT&T lured them into buying into a contract by offering “unlimited” data, then threatened them with early termination fees if they tried to cancel after throttling began.

AT&T is not the first company to adopt throttling practices. Sprint, T-Mobile, and Verizon have all received complaints from users who have had their data speeds reduced. All of these companies, including AT&T, assert that slowing down speeds for some data users is necessary for “network optimization.” In the case of AT&T the FTC has refuted this claim, stating that the network optimization does not justify the magnitude of the throttling.